tamil nadu infrastructure fund …...state industries promotion corporation of tamilnadu limited...
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TAMIL NADU INFRASTRUCTURE FUND MANAGEMENT CORPORATION LIMITED (‘TNIFMC’)
REQUEST FOR PROPOSAL (RFP)
for
CONSULTANCY ASSIGNMENTS
from
Firms/Organizations
QCBS
(Quality cum Cost Based Selection)
CONSULTANCY SERVICES FOR PREPARATION OF DETAILED PROJECT REPORT
(DPR) FOR THE DEVELOPMENT OF FOUR FOOD PARKS AT BARGUR,CHEYYAR,
MANAPPARAI AND THOOTHUKUDI IN TAMIL NADU
Tamil Nadu Infrastructure Fund Management Corporation Ltd. (TNIFMC)
19, T.P. Scheme Road, RA Puram, Chennai - 600028
Tamil Nadu, India
September 2019
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DISCLAIMER
The information contained in this Request for Proposal (RFP) or subsequently provided to
Consulting firms, whether verbally or documentary form by or on behalf of the State Industries
Promotion Corporation of Tamil Nadu Ltd. (SIPCOT) by Tamil Nadu Infrastructure Fund
Management Corporation Limited or any of their representatives, employees or Advisors
(collectively referred to as “TNIFMC”) is provided to Bidder(s) on the terms and conditions set
out in this RFP Document and any other terms and conditions subject to which such
information is provided.
This RFP document is not an agreement and is not an offer or invitation by the TNIFMC to
any party other than the entities who are qualified to submit their proposal (Bidder(s)). The
purpose of this RFP document is to provide the Consulting firms with information to assist the
formulation of their Proposal. This RFP document does not purport to contain all the
information each firm may require. This RFP document may not be appropriate for all persons
and it is not possible for the TNIFMC, to consider the investment objectives, financial situation
and particular needs of each party who reads or uses this RFP document. Each firm should
conduct its own investigations and analysis and should check the accuracy, reliability and
completeness of the information in the RFP document and where necessary obtain
independent advice from appropriate sources. The TNIFMC make no representation or
warranty and shall incur no liability under any law, statute, rules or regulations as to the
accuracy, reliability or completeness of the RFP document.
The TNIFMC may in their absolute discretion, but without being under any obligation to do so,
update, amend or supplement the information in this RFP document.
Information provided in this RFP to the Applicant(s) is on a wide range of matters, some of
which depends upon interpretation of law. The information given is not an exhaustive account
of statutory requirements and should not be regarded as a complete or authoritative statement
of law. TNIFMC accepts no responsibility of the accuracy or otherwise for any interpretation
or opinion on law expressed herein.
TNIFMC make no representation or warranty and shall have no liability to any person,
including any Applicant or Bidder, under any law, statute, rules or regulations or tort, principles
of restitution or unjust enrichment or otherwise for any loss, damages, cost or expense which
may arise from or be incurred or suffered on account of anything contained in this REOI or
otherwise, including the accuracy, adequacy, correctness, completeness or reliability of the
REOI and any assessment, assumption, statement or information contained therein or
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deemed to form part of this RFP or arising in any way with short listing of Applicants for
participation in the Bidding Process.
TNIFMC also accepts no liability of any nature whether resulting from negligence or otherwise
howsoever caused arising from reliance of any Applicant upon the statements contained in
this RFP.
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LETTER OF INVITATION
Dear Sirs,
Sub: Consultancy Services for Preparation of Detailed Project Report (DPR) for the
development of four Food Parks at Bargur, Cheyyar, Manapparai and
Thoothukudi in Tamil Nadu -Reg.
1. Background
A strong and dynamic food processing sector plays a vital role in reduction in the wastage
of perishable agricultural produce, enhancing shelf life of food products, ensuring value
addition to agricultural produce, diversification &commercialization of agriculture,
generation of employment, enhancing income of farmers and creating surplus for the
export of agro & processed foods. In the era of economic liberalization, all segments
including; private, public and co-operative sectors have defined roles to play and the State
promotes their active participation.
Due to the absence of a dedicated and integrated infrastructure facilities with an enabling
ecosystem, the State has decided to establish Food Parks to provide state of the art
infrastructure for food processing in the country and to provide a mechanism for producers,
processors and retailers to work together to build the supply chain for enhanced value
additions.
In policy demand 2019-20, the Hon’ble Minister for Industries Department announced that
State Industries Promotion corporation of Tamil Nadu Limited (SIPCOT) a Government of
Tamil Nadu entity proposes to develop food parks at SIPCOT Viz., Bargur,
Cheyyar,Manaparai, Tindivanam and Thoothukudi over an area of 100 to 150 acres each.
State Industries Promotion corporation of Tamilnadu Limited (SIPCOT) was established in
the year 1971 with an objective of aiding speedy development of medium & large-scale
industries in the State by forming Industrial Parks. The Industrial parks established and
maintained with basic infrastructure facilities such as road, streetlight, water supply
system, stormwater drain, arrangement for power supply, provision of greenery by planting
avenue plants. The Corporation has so far developed 21 Industrial Complexes/Parks
spread over in 12 Districts across the State over an extent of 31,000 acres.
As part of its diversification activities and in view of increased needs for food products and
to ensure requisite quality standards for these products, SIPCOT is now proposing to
develop Food Parks, with possible grant assistance under Mega Food Parks Scheme
(MFPS) of Ministry of Food Processing Industries (MoFPI), Government of India. In the
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first phase, SIPCOT proposes to develop four Food Parks at Bargur, Cheyyar,Manaparai,
and Thoothukudi which would have food processing infrastructure facilities and food
processing units (hereinafter referred to as the “Food Parks” or the “Projects” ). SIPCOT
is planning to prepare the detailed project report through for develop and implement Food
parks at four locations through a qualified Consultant and they are grouped under two
packages. The eligible consultants shall submit common technical proposal and two
separate package-wise financial proposals. However only one package will be awarded to
each consultant. The detailed evaluation procedure is explained in clause 12.
Package 1:
i. Bargur
ii. Cheyyar
Package 2:
i. Manaparai
ii. Thoothukudi
Therefore, it has been decided by SIPCOT (hereinafter referred to as “Client”) to invite
expert agencies/Consultants for the preparation of DPR for development of Food parks
project. In this regard, SIPCOT has requested TNIFMC to assist them with this process.
2. The preparation of Detailed Project Report (‘DPR’) services shall inter alia include site
analysis, site investigations including topo survey, soil investigations, hydrological survey
etc , market demand assessment for Food Parks, preparation of master plan & associated
infrastructure plan, provision of common amenities, specialized technical infrastructure to
support the units, preparation of architectural concept plan & floor plans, elevations,
detailed structural design & drawings, detailed specifications, functional requirements,
detailed cost estimation, preparation of project structuring and financial modeling &
business plans for the proposed development, project clearances from the statutory
authorities, marketing and branding in Food Processing Industries in Food parks and
Implementation strategy to enable the request for proposal for procurement of Design,
Build, Operate and Transfer (DBOT) contractor(s) or Engineering, Procurement and
Contractor(s) (EPCs) or Design & Build contracts or Design, Build, Finance, Operate and
Transfer (DBFOT) contractor(s) for the proposed Food Parks either in full or in parts for
specific infrastructure/common facilities. The detailed scope of services is given in the
Terms of Reference (Annexure 1).
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3. You are hereby invited to submit Technical and Financial proposals for Consultancy
services for Preparation of Detailed Project Report (DPR) for the development of four Food
Parks at Bargur, Cheyyar, Manapparai and Thoothukudi in Tamil Nadu, which could form
the basis for future negotiations and ultimately a contract between your firm and SIPCOT.
4. A firm will be selected under Quality cum Cost Based Selection (QCBS) procedures
described in this RFP.
5. A firm means an organization / company / firm / consultancy firm / partnership firm /
Consultancy Company. The purpose of this RFP is to select a firm as above captioned
subject as per the Terms of Reference (ToR).
6. The following documents are enclosed to enable you to submit your proposal:
(a) Terms of reference (TOR) (Annexure 1);
(b) Form for Submission of Eligibility information (Annexure 2);
(c) Forms for Submission of Technical and Financial Proposals (Annexure 3);
(d) Draft Agreement for Consultants' Services (Annexure 4); and
(e) Security Deposit/Performance Security - Bank Guarantee format (Annexure 5);
7. A pre-proposal conference open to all prospective Consultants will be held on 25
September 2019 @ 11.00 Hrs (IST) in the conference hall of Tamil Nadu Infrastructure
Fund Management Corporation Limited (‘TNIFMC’), 19, TP Scheme Road, RA Puram,
Chennai - 600028The prospective Consultants will have an opportunity to obtain
clarifications regarding the eligibility criteria, scope of the work, terms of reference, contract
conditions and any other pertinent information.
8. The Clarifications/Amendments if any in the Pre-Proposal Conference will be published in
the website of TNIFMC (www.tnifmc.com). No Separate Advertisement for Addendum/
Corrigendum / extension of date will be published in the Newspapers.
9. In order to obtain first-hand information on the assignment and the local conditions, it is
considered desirable that a representative of your firm visit the project locations with prior
intimation to the office of Tamil Nadu Infrastructure Fund Management Corporation Limited
(‘TNIFMC’), 19, TP Scheme Road, RA Puram, Chennai - 600028,before the proposal is
submitted. Please ensure that advance intimation regarding your visit is sent to TNIFMC
to enable them to make appropriate arrangements, if required.
The Bidders may send their queries on this RFP addressed to TNIFMC, email id:
[email protected] at least one day before the pre-proposal conference.
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10. The Submission of Proposals:
a) The proposals addressed to the CEO, TNIFMC shall be submitted in two parts,
viz., Technical and Financial and should follow the form given in the “Form for
Submission of Eligibility information (Annexure 2)” and "Supplementary Information
for Consultants." (Annexure 3). The proposal shall be submitted to Tamil Nadu
Infrastructure Fund Management Corporation Limited (‘TNIFMC’), 19, TP Scheme
Road, RA Puram, Chennai - 600028. The Proposals shall be valid for ninety (90)
Days from the date of submission and must be accompanied by an earnest money
deposit (EMD)/bid security of Rs.3,00,000/- (Rupees Three lakhs only).
b) Consultant who have been blacklisted or deregistered by the Government of India,
Government of Tamil Nadu, any other Governments, any PSU of Central
Government or State Government or any other Public Sector during the last 10
years shall not be eligible to apply.
c) The “Technical" and "Financial" proposals must be submitted in two separate
sealed envelopes (with respective marking in bold letters) following the
formats/schedules given in Annexure-2 and Annexure-3.
d) The first envelope marked “Technical Proposal” in one separate cover, viz., Cover-
1 must be sealed and initialed twice across the seal. This cover should contain the
Earnest Money Deposit (EMD) of Rs.3,00,000/- (Rupees Three Lakhs only) in the
form of Demand Draft / RTGS / NEFT. The Demand Draft to be taken in the name
of “TNIFMC -OPERATING INCOME ACCOUNT” payable at Chennai taken from
any Scheduled bank in India. In the case of RTGS/NEFT, it should be paid into
account mentioned hereunder and a letter stating the same with proof of payment
in form of relevant bank statement and signed by the authorized signatory shall be
provided:
Name of the Bank & Branch: IDBI BANK, THIRUVANMIYUR BRANCH
IFSC/NEFT code: IBKL0001055
A/C number: 1055102000005081
A/C NAME: TNIFMC – OPERATING INCOME ACCOUNT
The Cover-1 should contain the eligibility qualification information as per the format
given in Annexure-2 and Technical proposal in the formats given in Forms F-1 to
F-5 of Annexure-3, along with soft copy of entire details as mentioned above in CD.
The Earnest Money Deposit of unsuccessful consulting firms will be returned within
45 days after award of contract without any interest.
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e) The first envelope should not contain any cost information whatsoever. The
second envelope viz., Cover-2 marked 'Financial Proposal (Price Bid)" must also
be sealed and initialed twice across the seal and should contain the detailed price
offer for the consultancy services in the formats as given in Forms F-6 of Annexure-
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The Consultant shall provide detailed breakdown of costs and fees as follows:
- Staffing billing rate plus overheads;
- Travel and accommodation;
- Field surveys & Investigation
- Report reproduction; and
- Others (if any) Pl. specify
f) An authorized representative of the Consultants shall initial all pages of the original
Technical and Financial Proposals. The authorization shall be in the form of a
written power of attorney or board resolution (either General or Specific for this
assignment) with adequate validity period accompanying the Proposal duly
notarized by a Notary Public.
g) The sealed envelopes Cover 1 and Cover 2 should again be placed in a separate
sealed cover, which shall be clearly marked with the name of the assignment and
received in the office of the Tamil Nadu Infrastructure Fund Management
Corporation Limited (‘TNIFMC’), 19, TP Scheme Road, RA Puram, Chennai -
600028, up to 15.00 hours(IST) on 16 October, 2019.
h) If the cover of proposals is not marked with the name of the assignment indicating
the bid submission date and time, the cover will not be opened and returned to the
Consultant unopened treating as “Not Qualified”.
i) Proposals not accompanied by the required EMD/bid security in the requisite form
as mentioned in the RFP shall be summarily rejected.
11. Opening of proposal:
a. The proposals (first envelope (cover 1) containing Technical Proposal only) will be
opened by the CEO, TNIFMC or his authorized representative in TNIFMC office at
15.30 hours (IST) on 16th October, 2019. It may please be noted that the second
envelope containing detailed price offer will not be opened until evaluation of
eligibility information & Technical Proposal has been completed and the result
approved and notified to all Consultants.
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b. If the office happens to be closed on the date of receipt of the proposals as
specified, the proposals will be received and opened on the next working day at
the same time and venue.
c. Late or delayed Proposals will not be considered for evaluation and shall
either not be received or returned unopened
12. Evaluation:
12.1 A two-stage procedure will be adopted in evaluating the proposals:
i. The eligibility of Consultants will be verified based on the eligibility information
provided by the Consultants as per the formats mentioned in Annexure 2, which
will be carried out prior to evaluation of technical proposal as per minimum
eligibility criteria mentioned in Clause 12.2 below. The technical evaluation
shall be taken up only for those firms found eligible. Under this model, there
will be a common technical evaluation of the bidders.
ii. a Financial evaluation, which will be carried out for the technically qualified
firms;
iii. The consultant needs to submit financial bids for each of package they wish to
bid for.
iv. Post submission of bids, a combined evaluation of each package would be
done separately utilising the common technical score and respective financial
scores for each package.
12.2 Minimum Eligibility Criteria
Firms who have the following qualifications may submit the proposal –
(i) The Sole firm / all members of the JV/Consortium members, shall be
incorporated under respective Act and policies of the respective country and
such entity(ies) should be operating for the last seven years as on March
31,2019
(ii) The Sole Firm / all members of the JV/Consortium members shall NOT be
blacklisted / debarred by any of the Central Government / State Governments
in India / Multi-Lateral Funding Agencies.
(iii) Similar work experience in last seven years:
a) At least five ( 5) similar projects of preparation of DPR involving feasibility
study, detailed market demand assessment, architectural master Plan and
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conceptual designs, detailed design & drawings, business plan, financial
modeling, project structuring, marketing & commercialization etc., for hi-
tech Food Processing Infrastructure Projects in the past five years with
each project, being of a value of, not less than Rs. 250 crores (Rupees Two
Hundred crores only) (US$ 38 Million) including atleast 1 international
project being mandatory.
b) Out of the five projects, atleast two projects have been implemented
successfully including marketing and branding
c) The Bidder shall meet out the above criteria as a sole firm or JV/Consortium
(collectively meet out the eligible criteria)
(iv) Annual Turnover in last three years: Annual turnover of the Consultants not
less than Rs. 20 crores (USS 3 million) in any one of the previous three financial
years (2016-17, 2017-18, 2018-19 (provisional)) in the case of individual
Bidder. In the case of Consortium/JV Bidder, the annual turnover of the lead
firm should not be less than Rs. 12 crores (US$ 1.76 million) and the partner
firm(s) annual turnover should not be less than Rs. 8 crores (1.24 million) in
any one of the previous three financial years (2016-17, 2017-18, 2018-19
(provisional)). In the case of financial calendar typically ending in the month of
September /December, then the consultants shall submit the financial
statements for the last 3 years ie., 2015-16 to 2017-18.
(v) Net-worth of the Bidder: The Sole firm / all members of the JV/Consortium
members shall have positive net-worth as per last audited financial year
12.2.1 Eligible firm’s proposals will only be considered for technical and financial evaluation.
The technical and financial proposal of others will not be considered and returned
unopened financial proposal after completing the selection process.
12.3 Technical Proposal:
The Tender Scrutiny / Evaluation Committee appointed by the TNIFMC and SIPCOT
will evaluate the Technical Proposals, which will be common for all two packages after
evaluation of minimum eligibility criteria. The Committee will carry out its evaluation
applying the evaluation criteria and point system specified below. Each responsive
proposal will be attributed a technical score (St).
(i) the quality of the methodology proposed (20 points)
(a) Approach & Methodology -10 points
(b) Man-days &Workplan schedule - 5 points
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(c) Comments on ToR and the data, services and facilities to be provided
by the TNIFMC – 5 points
(ii) the minimum key staff** proposed for the assignment (40 Points).
(a) Team Leader with specific experience in Mega Food Processing
Industry sectors in advising public/private entities on policies, strategies,
development and management. (8 points)
(b) Senior Market Analyst with experience in conducting market surveys,
analyzing the market potentials, products, growth potentials, major
players, etc. Macro-level & Micro level perspective of the potential
sectors and sub sectors with reference to the Food Processing Industry
sector etc. (6 points).
(c) Industrial Infrastructure Specialist with specific experience in planning &
design of infrastructure for area development projects viz., industrial
parks, SEZs, industrial corridors, clusters industrial estates, etc. (6
points).
(d) Senior Architect/Planner with specific experience in development of
master plans/schemes, sectoral plans for infrastructure development of
minimum 100 acres. Added advantages of planning & designing the
Food park, life science/biotech park projects (5 points).
(e) Civil Engineering Specialist with experience in designing, costing and
finalization of specification & functional requirement of similar
infrastructure projects. Experience on Design Build contracts is
desirable (5 points).
(f) Agriculture Marketing Expert with specific experience in planning &
management of Agriculture Sector including marketing experience (5
points)
(g) Financial Expert with specific experience in preparing business plan,
revenue model and financial structuring in similar projects (5 points)
** Key personnel – be considered key staff, only if they are full time employees of the
company or the consortium partners or Experts contracted by the Bidder for this
assignment and they should involve fully in the assignment and be available for all
meetings that are related to this assignment/project. Atleast 50% of the team composition
should be on the permanent employees of the firm
Note: The Bidders are free to propose more team members, but the above key staff proposed
are mandatory and the qualification & experience of the above key professionals would be
evaluated as part of Technical Evaluation
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(iii) Curriculum Vitae of Team Leader and other members for assessing the
qualifications and experience of the personnel proposed to be deployed for
the studies should be included with the proposal (in the format of the
sample curriculum vitae). The above personnel will be rated in accordance
with:
(a) General qualifications - (15% weightage)
(b) Adequacy for the project (suitability to perform the duties for this
assignment. These include education and training, length of
experience in fields like those required as per ToR type of positions
held, time spent with the firm etc.) - (85% weightage)
(c) The Curriculum Vitae of the proposed personnel will be considered
and evaluated as per Terms of Reference, if the prescribed minimum
qualification is not fulfilled, then the Curriculum Vitae of the proposed
personnel will be marked as Zero. Necessary Proof of educational
qualification shall be attested by Authorised Representative of Bidder
and enclosed with the technical proposals.
(iv) Presentation of Technical Approach and Methodology: (40 points)
The presentation should cover all the aspects of ToR by the Team
proposed for the assignment to Evaluation Committee in the Office of
TNIFMC. All the members of proposed team (Key Personnel) must be
present during the presentation. The qualified Consultants shall make the
presentation and time schedule for presentation will be intimated to the
qualified Consultants by TNIFMC.
Quality and competence of the consulting service shall be considered as the
paramount requirement. Technical proposals scoring not less than 75% of the total
points (St) will only be considered for financial evaluation. The financial proposal of
others will not be considered and returned unopened after completing the technical
selection process. The TNIFMC shall notify the Consultants, results of the technical
evaluation and invite those who have secured the minimum qualifying mark for opening
of the financial proposals indicating the date and time.
After the technical evaluation is completed, TNIFMC shall inform the Consultants who
have submitted Proposals and meeting the minimum eligibility criteria, the technical
scores accorded to their Technical Proposals and shall notify those Consultants whose
Proposals did not meet the minimum eligibility criteria or minimum qualifying mark or
were considered non-responsive to the RFP and ToR, that their Financial Proposals
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will be returned unopened after completing the selection process. The TNIFMC shall
simultaneously notify in writing to the Consultants that have secured the minimum
qualifying mark, the date, time and location for opening the Financial Proposals. The
opening date will be fixed so as to allow Consultants reasonable time to make
arrangements for attending the opening either in person or through an authorized
representative.
12.4 Financial Proposal:
12.4.1 Opening:
The package-wise financial proposal shall be opened in the presence of the
Consultants’ representatives who choose to attend. The name of the Consultant, the
technical score and the proposed prices in each package shall be read out and
recorded. The TNIFMC shall record the details of financial proposal opening.
12.4.2 Evaluation: The Tender Scrutiny/ Evaluation Committee will correct any computational
errors for each package-wise Finance proposal. When correcting computational errors,
in case of discrepancy between a partial amount and the total amount the latter would
prevail and between the word and figures the former will prevail. In addition to the
above corrections, activities and items described in the Technical Proposal but not
priced, shall be assumed to be included in the prices of other activities or items.
The lowest evaluated Financial Proposal (Fm) in each package will be given the
maximum financial score (Sf) of 100 points. The financial scores (Sf) of the other
Financial Proposals in each package will be computed as per the formula given below.
Sf = 100 x Fm / F, in which Sf is the financial score, Fm is the lowest price quoted by any
Consultant and F the price of the Proposal under consideration.
12.4.3 TNIFMC will then apply the weights to the Technical and Financial Proposal as below
to arrive at the scores for the Bidders to select the successful Consultant (R1). The
remaining Bidders shall be ranked R2, R3 and so forth.
The weights given to the Technical and Financial Proposals are:
T = 0.8 and
P = 0.2
S = St x 0.8 + Sf x 0.2
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Proposals will be ranked according to their combined technical (St) and financial (Sf)
scores using the weights (T = the weight given to the Technical Proposal; P = the
weight given to the Financial Proposal; T + P = 1).
The evaluation committee will determine if the financial proposals are complete and
without computational errors. The evaluation shall include all taxes.
A combined evaluation of each package would be done separately utilising the
common technical score and respective financial scores for each package applying
the weightages as mentioned above.
13. Negotiations:
13.1 The aim of the negotiations is to reach agreement on all points and initial a draft
contract by the conclusion of Negotiations.
13.2 Negotiations with successful Consultant will commence with a discussion of technical
proposal, the proposed methodology (work plan), costing, staffing and any suggestions
he have made to improve the TOR. Agreement must then be reached on the final
TORs, the staffing and staff months, logistics and reporting.
13.3 Changes agreed upon will then be reflected in the draft contract, using proposed unit
rates (after negotiation of the unit rates, including the man month rates, all tax liabilities
and all costs, etc.).
13.4 Based on the combined evaluation, the bidders would be ranked R1 to Rn for each
package respectively. In case a bidder is R1 for more than one package, then the client
shall award any one of the packages to the bidder at its discretion. For the other
package, the client shall negotiate with R2. The Contract will be awarded after
successful negotiations, with the selected Consultant. If negotiations fail, the TNIFMC
will invite the Consultant whose percentage is next higher to R2 and ranked as R3 for
negotiations. If negotiation with R3 fails the above process will continue with R4, R4
and so on till all the technically qualified firms are covered. Upon successful
completion, the Client will promptly inform the other Consultants that their proposals
have not been selected.
13.5 The Contract will be awarded after successful negotiations, with the qualified
Consultant.
14. Fraud and Corrupt Practices:
The Consultant and its Personnel shall observe the highest standards of ethics and shall
not have engaged in and shall not hereafter engage in any corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice (collectively the
“Prohibited Practices”). Notwithstanding anything to the contrary contained in this
Agreement, the TNIFMC shall be entitled to terminate this Agreement forthwith by a
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communication in writing to the Consultant, without being liable in any manner whatsoever
to the Consultant, if it determines that the Consultant has, directly or indirectly or through
an agent, engaged in any Prohibited Practices in the Selection Process or before or after
entering into of this Agreement. In such an event, the TNIFMC shall forfeit and appropriate
the performance security, if any, as mutually agreed genuine pre-estimated compensation
and damages payable to the TNIFMC towards, inter alia, the time, cost and effort of the
TNIFMC, without prejudice to the TNIFMC’s any other rights or remedy hereunder or in
law.
Each Party represents, warrants and undertakes that:
(a) It has not and shall not offer, promise, give, encourage, solicit, receive or otherwise
engage in acts of bribery or corruption in relation to this Agreement (including without
limitation any facilitation payment), or to obtain or retain business or any advantage in
business for any member of its group, and has and shall ensure to the fullest extent
possible that its employees and agents and others under its direction or control and
directly involved in providing Services under the Agreement do not do so. For the
purposes of this clause it does not matter if the bribery or corruption is (i) direct or through
a third party; (ii) of a public official or a private sector person; (iii) financial or in some
other form; or (iv) relates to past, present, or future performance or non-performance of
a function or activity whether in an official capacity or not, and it does not matter whether
or not the person being bribed is to perform the function or activity to which the bribe
relates, or is the person who is to benefit from the bribe. For the purposes of this
clause, a “person” is any individual, partnership, company or any other legal entity, public
or private.
(b) Each Party shall, adhere to applicable anti-bribery and corruption laws.
(c) Each Party shall, immediately upon becoming aware of them, give the other Party all
details of any non-compliance with sub-clauses (a) and (b).
(d) It is a condition of this Agreement that each Party fully complies with this Clause. If it does
not do so, without prejudice to any other remedy available to a party, the non- breaching
party shall have the right (but not the obligation) in its absolute discretion to terminate the
whole of this Agreement, or that part of this Agreement to which the bribery or corruption
relates. For the avoidance of doubt, any breach of this Clause shall be deemed to be
incapable of remedy
15. Please note that the TNIFMC is not bound to select any of the firms submitting proposals.
Further, TNIFMC does not bind itself in any way to select the firm offering the lowest price.
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16. Bidders are requested to hold their proposal valid for 90 days from the date of submission
without changing the personnel proposed for the assignment and their proposed price.
TNIFMC will make its best efforts to select a Consultant firm within this period.
17. Please note that the cost of preparing a proposal and of negotiating a contract including
visits to TNIFMC/SIPCOT Office, if any is not reimbursable as a direct cost of the
assignment.
18. Assuming that the contract can be satisfactorily concluded in October 2019. Services will
be expected to take-up / commence in November 2019.
19. The successful Bidder will be invited for signing agreement. The Bidder is requested to
furnish a Security Deposit/Performance Security at the rate of 5% of the finalized
agreement value in the form of Irrevocable Bank Guarantee obtained from any one of the
Scheduled Banks in India taken in favor of the “Tamil Nadu Infrastructure Fund
Management Corporation Ltd (TNIFMC)”, Chennai valid for a period of 45 days beyond
the period of completion of services. The same will be released on successful completion
of all the works satisfactorily without any interest. The validity of performance security will
be extended according to the extension of contract period as per the agreement executed.
20. The Earnest Money Deposit of the successful Consultant will be discharged when the
Consultant furnishes the required Security Deposit and signs the Agreement.
21. The Earnest Money Deposit may be forfeited
• If the consulting firm withdraws the bid after bid opening during the period of
validity of the bid.
• If the Consultant refuses to accept the corrections of errors in his Proposal.
• If the consulting firm withdraws the bid after the issue of Letter of Acceptance
(LoA) of this bid.
• In the case of a successful consulting firm, if the consulting firm fails within
the specified time limit to:
• furnish the required security deposit or
• sign the Agreement
• accept the Letter of Acceptance
• if the consulting firm has furnished incorrect information on qualification and
experience.
22. If the successful Bidder fails to honor their commitment after award of the Letter of
Acceptance (LoA), their name will be blacklisted and will not be considered for availing
17
services by SIPCOT/TNIFMC for future assignments. Further, their name will be
recommended to Government of India, Government of Tamil Nadu and Institutions
sponsored by Government of Tamil Nadu for blacklisting.
23. The selected Consultant shall not disclose any information to others without the written
permission of the TNIFMC.
24. The fees shall be quoted in Indian Rupees only. Please note that the remuneration which
receive from the contract will be subject to normal tax liability in India. Kindly contact the
concerned tax authorities for further information in this regard if required.
25. Please note that mobilization advance will not be given to the Consultant.
26. Consortium /Joint Venture between firms not exceeding two firms will be allowed.
Memorandum of Understanding (MoU) shall be furnished along with Technical proposals.
If the successful Consultant is a consortium/JV, they shall produce a joint venture
agreement at the time of signing of contract.
27. It is estimated that 5 (five) months will be required for the assignment and generally
Consultant should base Consultant financial proposal on this figure. Consultant should
feel free to submit their proposal on the basis of man-months considered necessary by the
Bidder to undertake the assignment not exceeding 5(five) months.
28. All documents relating to the Proposal and all communications in connection with the
Proposal shall be in English language. All the pages should be serially numbered and
signed by the authorized representative of the Bidder.
29. TNIFMC reserves the right to postpone / cancel this RFP at any point of time without
assigning any reason, whatsoever.
30. It has to be noted that any manufacturing or the construction firm with which the Bidder
might be associated with, will not be eligible to participate in bidding for any goods or works
resulting from or associated with the project of which this consulting assignment forms a
part.
31. Any dispute arising out of the Contract, which cannot be amicably settled between the
parties, shall be referred to adjudication/arbitration in accordance with the Arbitration &
18
Conciliation Act 1996. The place of arbitration shall be at Chennai and the language shall
be in English.
32. Initial Test of responsiveness:
i. Technical Proposal along with EMD & Eligibility Information – Cover 1
ii. Financial Proposal – Cover 2
iii. All the pages of above proposals (addendums / corrigendum issued, if any)
shall be duly sealed and signed by the Bidder’s authorized representative.
If the consulting firm fails to submit the proposal in the prescribed format and does not
satisfy the test of responsiveness, they will be summarily rejected.
Yours faithfully,
CEO
TNIFMC
Enclosures:
1. Terms of Reference.
2. Eligibility criteria Information Forms
3. Supplementary Information to Consultants.
4. Draft Agreement under which service will be performed.
5. Security Deposit/Performance Security – Bank Guarantee format
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Annexure - 1
Consultancy Services for Preparation of Detailed Project Report (DPR) for the development of four Food Parks at Bargur, Cheyyar, Manapparai and Thoothukudi in
Tamil Nadu -Reg.
Terms of Reference
1. Background:
Tamil Nadu is one of the leading agriculture-oriented states with a total cultivable area of
59.73 lakh hectares. The State’s annual grain production has remained above 100 MT
over the last eight years while the State is the largest producer of cotton yarn, accounting
for 41 per cent of India’s production. Despite the inherent constraints like scarcity of water,
the State has maintained a robust policy stance to support growth in agriculture production,
increase in farm income and enhanced technology integration to increase productivity and
yield.
In terms of Exports, the state exported nearly 15,40,653.83 MT of agricultural products
valued at Rs 7,635 crs in 2018-19. Poultry products, groundnuts, buffalo meat, processed
fruits, juices & nuts followed by non-basmati rice constituted to 66% of exports in terms of
volume and 58% of the total export value in 2018-19. Tamil Nadu remains the leading
exporters of poultry products contributing to 86% of the country’s exports while contributes
to 46% and 31% of the country’s exports of the processed fruits, juices & nuts groundnuts
respectively. Other major exports include processed vegetable comprising around 8% of
the State’s agricultural exports.
Wastages occur at the farm itself when agri-produce is minimally processed for making it
ready for the primary market. Inadequate storage facilities at the farms also account for
wastage. Agri-produce further spoils in transit when taken to mandis, processing units and
various consumptions centres owing to weak logistics. At madis and consumption centres
limited storage facilities further account for wastage. Post-harvet management also helps
in increasing processing levels in the country. Increase in processing levels is reflected in
higher consumptions of agri-prodcue by food processing industries. Increase in processing
level is most desirable as it significantly adds value to agri produce and resultantly provides
greater remuneration to farmers and job opportunities to then in the food processing
sector. If processing levels do not increase, then reduction in wastage would only build
inventories
A strong and dynamic food processing sector plays a vital role in reduction in the wastage
of perishable agricultural produce, enhancing shelf life of food products, ensuring value
addition to agricultural produce, diversification &commercialization of agriculture,
generation of employment, enhancing income of farmers and creating surplus for the
export of agro & processed foods. In the era of economic liberalization, all segments
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including; private, public and co-operative sectors have defined roles to play and the State
promotes their active participation.
Due to the absence of a dedicated and integrated infrastructure facilities with an enabling
ecosystem, the State has decided to establish Food Parks to provide state of the art
infrastructure for food processing in the country and to provide a mechanism for producers,
processors and retailers to work together to build the supply chain for enhanced value
additions.
In policy demand 2019-20, the Hon’ble Minister for Industries Department announced that
State Industries Promotion corporation of Tamil Nadu Limited (SIPCOT) a Government of
Tamil Nadu entity proposes to develop food parks at SIPCOT Viz., Bargur, Cheyyar,
Manaparai, Tindivanam and Thoothukudi over an area of 100 to 150 acres each.
State Industries Promotion corporation of Tamil Nadu Limited (SIPCOT) was established
in the year 1971 with an objective of aiding speedy development of medium & large-scale
industries in the State by forming Industrial Parks. The Industrial parks established and
maintained with basic infrastructure facilities such as road, streetlight, water supply
system, stormwater drain, arrangement for power supply, provision of greenery by planting
avenue plants. The Corporation has so far developed 21 Industrial Complexes/Parks
spread over in 12 Districts across the State over an extent of 31,000 acres.
As part of its diversification activities and in view of increased needs for food products
and to ensure requisite quality standards for these products, SIPCOT is now proposing
to develop Food Parks, with possible grant assistance under Mega Food Parks Scheme
(MFPS) of Ministry of Food Processing Industries (MoFPI), Government of India. In the
first phase, SIPCOT proposes to develop four Food Parks at Bargur, Cheyyar,
Manaparai, and Thoothukudi which would have food processing infrastructure facilities
and food processing units (hereinafter referred to as the “Food Parks” or the “Projects”).
SIPCOT is planning to prepare the detailed project report through for develop and
implement Food parks at four locations viz., Bargur, Cheyyar, Manaparai, and
Thoothukudi through a qualified Consultant.
2. Objectives of Food Parks
The primary objective of the Food parks is to provide modern infrastructure facilities for
the food processing along the value chain from the farm to the market. It will include
creation of processing infrastructure near the farm, transportation, logistics and centralized
processing centers. The main feature of the Scheme is a cluster-based approach. The
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scheme will be demand-driven and will facilitate food processing units to meet
environmental and safety standards.
The expected outcome is increased realization for farmers, creation of high quality
processing infrastructure, reduction in wastage, capacity building of producers, processors
and creation of an efficient supply chain along with significant direct and indirect
employment generation.
3. Vision of Food Parks
The State has a clear goal of attaining these objectives by facilitating and acting as a
catalyst to attract quality investments from within India and abroad into this sector with the
aim of making food processing a State initiative. With this overall objective, the State aims
to:
• Enhance farmer's income by better utilization and value addition of agricultural
produce;
• Minimize wastage at all stages in the food processing chain by the development of
infrastructure for storage, transportation and processing of agro-food produce;
• Introduce of modern technology into the food processing industries from both
domestic and external sources;
• Encourage R&D in food processing for product and process development and
improved packaging;
• Provide policy support, and support for creation of Infrastructure, capacity
expansion/ Upgradation and other supportive measures form the growth of this
sectors; and
• Promote export of processed food products.
4. Salient Features of Food parks
The main feature of the Food parks is a cluster-based approach.
• MFP concept is based on the hub and spoke model which is demand driven model
with strong backward and forward linkages that create a sustainable agri-value
chain network.
• It contains three vital components namely the Central Processing Centre,
Collection Centre (CC) or the Primary Processing Centre (PPC) and the agro-
logistics network that connects the CCs with the CPC.
• It would also connect the CPC and CCs with demand centres such as
metropolitans and export points.
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The basic and core infrastructures are detailed out below, but not limited to
1. Central Processing Centre (CPC):-
I. Dry warehouse for raw materials.
II. Pulping Line
III. Packing Unit including specialized packaging and labelling
IV. Ripening Chambers
V. Hi-tech Cold Storage
VI. Fork Lift
VII. Quality Control / Testing Lab and R & D Centre
VIII. Certification & regulatory
IX. Calibration & Validation
2. Primary Processing Centre (PPC)
I. Ware House
II. Grading & shorting Facility
III. Mobile Collection Vans
3. Basic Enabling Infrastructure facility
I. Land development and compound wall
II. Internal roads
III. Drainage and Sewer
IV. Electrical distribution and Sub Station
V. Fire fighting system
VI. Street Lighting including High Masts
VII. Weigh-bridge
VIII. Parking bay
IX. Water supply , U.G Water Tank, O.H Water Tank
X. Power plant, as standby power supply
XI. ETP & STP, solid waste handling
XII. Detailed transport and logistics outlay (including last mile connectivity)
4. Noncore facilities
I. Staff Quarters / Auditorium/Guest House
II. Fire Station & garage for Fire Brigade
III. Canteen
5. Standard Factory sheds for MSME Units
Depending upon demand, an exclusive MSME zones with Plug & Play Sheds for MSME Units.
5. Project Area/Location:
The project sites are located at Bargur, Cheyyar,Manaparai, and Thoothukudi. The
location details and extent of land is given in Appendix-1. The bidding shall be done
based on the grouping of location as set out in Clause 1 to the Letter of Invitation.
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6. Scope of Work:
The selected Consultant will undertake, but not limited to, the following services (‘the
services’) under the assignment to suit the requirements and guidelines of Ministry of Food
Processing Industries (MoFPI):
6.1 Stage 1- Data collection & Feasibility Analysis
(a) Physical site details- The available data on layout, size, shape, existing structures,
etc. will be shared with the successful Consultant. The Consultant shall analyze the
existing details of layout, and collect the additional data, if required and map all
relevant details pertaining to the site and location such as existing infrastructure
utilities, amenities, facilities, etc.
(b) Study Land Use and Development Control regulations~ Master plans, zonal plans,
building bylaws, permitted land use and Floor Area Ratio (FAR)/ Floor Space Index
(FSI) at the site, rules for obtaining permissible FAR/ FSI, etc. Guideline value of
land as per classification of the land, market rates as per latest registration in the
immediate vicinity of the land under study.
(c) Study and analyze all relevant laws including Environmental, Development Control
Regulations & any other applicable laws/ rules and regulatory framework that will
govern or pose restrictions & affect development of land use including land
classification, zoning, setbacks, restrictions, open areas, parking requirements etc.
and apply the same for the project.
(d) Carry out reconnaissance survey and assess on site infrastructure facilities, if any
and external infrastructure in terms of access roads, water supply and power supply
facilities, ICT infrastructure, etc. and suggest necessary refurbishments/
upgradations required.
(e) Assess the marketable surplus/processable produce from the identified cluster.
(f) Analyze the Feasibility of the identified location for Central Processing Center along
with the cluster analysis for the proposed Primary Processing Centers.
(g) Assess the potential for development of the Food Park project in the identified
location
(h) Value Chain Analysis and supply chain analysis.
• Assessment of the existing infrastructure, gaps / requirements.
• Identification of the nature / magnitude of insufficiencies / gaps at each stage of
value chain
(i) Develop profile of site including physical area, location, approach, connectivity and
demographic & socio-economic profile of surrounding areas.
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(j) Carry out a detailed market demand assessment through primary survey & secondary
data with regards to Food parks in terms of sub-sector, products, growth potentials,
markets, major players, etc. Market demand analysis should assess the requirements
of the market and expectations of the investors, including the need for the facilities in
the food parks. Micro level perspective of the potential segments and sub sectors with
reference to the domestic/export market would be carried out to:
• Composition of Food parks with potential products;
• Assess the size and growth of the industry and its potential- segment and sub-
sector and component wise;
• Assess the exports potential;
• Assess the structure of the domestic industry and factors contributing/inhibiting
the growth;
• Identification of high growth segments and components;
• Value chain analysis;
• Supply chain analysis;
• Identify sub-sectors and components with highest potential and comparative
advantage in the context of the proposed Park;
(k) Identify key players in the region (or outside) across all the proposed operations, who
may be willing to come in to the proposed Food Parks.
(l) Provide recommendations based on ‘primary’ interactions to attract investments in
food park even from ‘overseas player’ based on the strengths of the raw material and
the location
(m) Towards this, prepare a detailed Project Information Memorandum (in effect a
feasibility report)
(n) Carry out roadshows, workshops, mailers etc to sensitize the potential players on the
benefits of establishing processing facilities in the proposed Food Park and seek their
Expression of Interest
(o) Detailing the business models and block costs for the proposed Food Park which will
establish the commercial viability and sustainability for the proposed Food Park and
will include the return on investment and other such financial analysis, employment
generation, social benefits etc.
(p) Business model and infrastructure expectations from ‘prospective operating units’ that
are likely to set up facilities
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6.1.1 Benchmarking of other similar clusters in terms of infrastructure, policy and
incentive
structures
• Benchmarking with global /national Hubs
• Global scanning of key economies with regards to
o Policies, programs, technology, financing and marketing of
sectors/countries
o Case studies of leading Food Parks countries etc. with regards to
preparation of master plan & conceptual design, investment promotion,
ecosystem development, governmental support, infrastructure support,
etc.
o Benchmarking with other leading states of India
• The Consultant shall carry out detailed case studies of the best practices in
India and across the world and make clear and actionable recommendations
on each of aforesaid items. Through the global review and benchmarking
exercise, the Consultant shall identify at least 4 (four) signature projects of
similar nature and complexity from Indian perspective, on lines of which
signature projects can be developed to suit the local/Indian conditions.
• Based on the study of signature projects, the Consultant shall incorporate
the best features in terms of infrastructure development, investment
promotion, ecosystem development, etc. in the Food Park. The Consultant
should also indicate the government support /assistance from GoI and
GoTN to ensure Food Park is developed to international standards.
6.1.2 Branding and Marketing
i. To create complete branding and marketing plan to promote the Tamil Nadu
Food Park across the proposed locations. The plan should cover online content on a
purpose-built website and visual medium.
ii. Prepare Communication Plan, Marketing Materials- Hard and Soft Assets:
Brochures, Posters, Mailers, Audio & Video promotions. All the marketing
materials shall be in English.
iii. The communication/ marketing plan is expected to effectively communicate
the objectives of the Food Park project and the benefits it will provide to
the potential clients and investors.
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iv. The marketing drive is expected to cover all the major agri, food and allied industries
in the world and reach out to potential clients and will enable the park to attract
investments directly or indirectly.
v. The consultant shall detail the execution process of the marketing drive.
vi. The consultant will prepare list of Potential customers and the key decision
makers of the respective companies.
vii. The consultant shall make follow up efforts with the potential anchor
customer(s) till signing up of the investment deal in the park. Anchor customer(s) may
be tentatively defined as a customer(s) underwriting 25% of the land area for each of
the sites. The anchor customer(s) may be different for each of the sites.
6.2 Stage 2- Preparation of Detailed Project Report:
Preparation of bankable Detailed Project Report conforming to the requirements of
the Food Parks Scheme of Ministry of Food Processing Industries, Government of
India, incorporating various aspects of the Project as mentioned below. This DPR
would be aimed at ensuring that all key aspects related to Project development and
operations have been taken into consideration
The DPR would cover the following aspects of the Project but not limited to:
• Site and location analysis
• Analysis of issues related to developing the external infrastructure such as
approach road, power, water supply, effluent treatment etc
• Master plan/ layout plan
• Detailed Design & Drawings of the basic & core infrastructure facilities to be
established in the Park
• Business profile of the Park
• Estimation of detailed project cost including civil costs in accordance with State
PWD/CPWD rates and based on the quotations for plant and equipment
• Project Structuring and Financial modeling
• Overall Impact of the Project including those on environment, socio-economic,
financial, etc.
• Project implementation schedule
• Project clearances
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6.2.1 After in-principle approval for feasibility study, the consultant shall carry out field
investigations like topographical survey/geo-technical/ hydrological investigations as
well as the Environment Impact Assessment (EIA) studies for the Projects.
6.2.2 The consultant shall carry out a detailed need assessment of the potential clients
willing to set up units in the Food Parks with respect to basic enabling infrastructure
and core processing facilities, utility requirements (power, water, effluent treatment
etc.) and other facilities together with land requirements thereof, based on the
manufacturing operations proposed to be established in the Food Parks.
6.2.3 Conceptual Framework for Development of Food park
Basis the demand assessment, sub-sectors, benchmarking studies,locational
advantages and the anchor client’s requirements, the Consultant shall prepare a
conceptual framework for the development of Food Park. This shall not be limited to
• Focus segments and sub-segments
• Ecosystem in terms of innovation, specialized infrastructure and testing facilities
• Pooled and common infrastructure
• Sectors amenable for convergence
• Ecosystem attractiveness
• Development mix and Components/infrastructure to support the above
6.2.4 Preparation of Master Plan
• Based on the analysis and conclusions of site conditions, surveys, market
assessment, case studies and conceptual framework, the Consultant shall
prepare the comprehensive master plan.
• The comprehensive master plan shall be derived based on the requirements of the
industry and functionality with self-contained facilities. The plan should focus on
environment friendly and sustainable physical and common infrastructure
components considering the opportunities and constraints of the site
• The master plan shall be guided by the applicable development guidelines of the
Directorate of Town & Country Planning, Government of Tamil Nadu. The design
philosophy should prioritize various aspects viz., circulation, land suitability,
environmental sustainability and topography to optimize various land uses
• The guiding principle for the master plan should be to incorporate the principles of
an eco-industrial park by maximizing green space and open spaces, and provision
of green belts. Thus, the design should envisage functional and accessible
workplaces by incorporating prudent and scientific planning principles including the
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following:
o Location of industrial activities based on the processes and outputs
o Providing efficient access to the main road from all sides of the park
o Common facilities to support industrial activities
o Decentralised facilities for easy access to the users of the park
o Provision of infrastructure facilities based on the site characteristics,
topography and functionality
o Provision of social and common amenities
o Exclusive zones for ancillaries, MSME’s and support services
• The Master Plan should incorporate phase wise development, if required so,
without compromising on the original form and shape.
6.2.5 Preparation of Infrastructure Plan with detailed design & drawings:
(a) The Consultant should prepare a comprehensive infrastructure plans for the finalized
master plan of Food parks. The infrastructure plan should be developed in tandem with
the master plan and based on the need assessment for the Park. The following
components, which are indicative, may form part of the infrastructure plan. The
Consultant based on the market demand assessment and guidelines of MoFPI may
suggest additional/appropriate infrastructure facilities along with their demand and
spatial requirements.
Sector Aspect
Basic enabling structures • Site Development, Roads, Storm Water
Drainage, comprehensive water Supply
System, Sewerage System and Treatment
and recycling system, , rain water harvesting
system, Waste Management- Domestic and
Hazardous, Power Transmission and
distribution system, street lighting,
landscaping services, Access control, visual
elements and signages, data &
communication, security, parking bay, weigh
bridges, common office space etc.
Core infrastructures • food testing laboratory, cleaning, grading,
sorting and packing facilities, steam generation
boilers, dry warehouse, cold storage, pre-
cooling chambers, ripening chambers, IQF,
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(b) Prepare the Concept design, detailed architectural drawings, detailed design &
drawings with area statement of floor plates for the proposed buildings for common
amenities and base enabling infrastructures, core infrastructure, Industrial
infrastructures and social infrastructure including allocation and sizing of built up
areas for various activities and common facilities, road networks, storm water
drainage network with recharge facilities, comprehensive water supply system,
sewerage system along with STP and recycling of treated waste water for
green/landscaped areas, electrical distribution Centre along with locations and
capacities of transformers, landscaping plan, solid waste management system,
access control in the form of entry/exit, security, appropriate fire hydrant systems,
etc. The Consultant should ensure that the infrastructure and facilities planned
should be world class on plug & play format.
(c) The Consultant should also incorporate environmentally sustainable practices in the
planning and design of infrastructure and common facilities to enable Food parks
meet the requirements of a green industrial park.
(d) The Consultant shall provide detailed technical specifications, functional
requirements, and the detailed cost estimates with item wise bill of quantities in line
with the applicable standard data and schedule of rates for all the physical
components along with all calculations and details required for third party peer
review / audit and clarify any queries raised by the peer reviewer. The Consultants
should provide details of basic assumptions for unit prices, physical contingencies,
price contingencies, escalation and other cost components.
(e) Statutory Approvals: Consultant should assist Clients in obtaining all key statutory
approvals/clearances including environmental clearances, which are prerequisite to
commencement of the Projects.
specialized packaging, other common
processing facilities, etc.
Industrial Infrastructure • Developed Plots, Built to Suit units, Logistic
Hub, Warehouses
Common Amenities & Social
Infrastructure
• Training Center, Administrative Block,
Conference Facility, Service Area for
Bank/Courier/Spares, Canteen/food court,
Crèche, Fire Tender, First aid, worker’s
dormitories, etc.
Others • Others as spelt out in the master plan
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(f) Risk Management Framework: Given that the Projects may be in part financed
from lenders/investors, it would be critical for project implementing authority to
clearly identify project risks for their suitable allocation among project participants
and subsequent mitigation. Consultant should prepare the risk management
framework for the projects to enable Implementing Authority to take an informed
view on the overall risk profile of the Projects, formulate strategies to deal with
individual risk components and the impact these would have on the overall
development and operations of the Projects
6.2.6 Business plan, Financial modeling and Project Structuring
(a) An extensive financial model and business plan to be developed to capture all the
techno-commercial as well as financial aspects of the Project both during the
development as well as the operations phase. The Business Plan should ensure that
the Project is bankable.
(b) The Consultants should suggest an appropriate pricing strategy both in terms of
upfront and O&M charges to ensure sustainability of Food park.
(c) The Consultant should take cognizance of competing facilities in determining the
pricing of the developed plots, infrastructure, common facilities, innovation
infrastructure, etc.
(d) The Consultants also should prepare a development strategy in terms of phasing of
development, area to be developed, facilities and infrastructure provision. The
development strategy should ensure that the project is bankable for each of the phase
of development, if agreed by SIPCOT.
(e) To study and suggest various project structure models for development, financing
and operation
(f) Collection, compilation and analysis of relevant financial data relating to all costs
and revenues;
(g) Estimate capital (hard) costs, relating to both civil work and plant and machinery,
as well as the soft costs related to the project development including contingency
provisions, preliminary and pre-operative expenses, financing expenses and other
costs.
(h) As a part of the business plan preparation exercise, recommend a suitable capital
structure which, in its view, may be acceptable to potential lenders and thus enable
SIPCOT to take the Projects forward
(i) Estimate the likely costs of operating and maintaining assets of these projects.
(j) Based on the likely cost of developing the projects, the operation and maintenance
expenses, the repayment to the potential lenders and the asset re-generation
31
requirements of the Projects, Consultant would advise SIPCOT on structuring
appropriate User Charges
(k) Assessment of commercial viability of the Project.
(l) Prepare a reasonable estimation of the likely revenues for each business unit; The
Consultant would bring out various assumptions for revenue, cost and others,
including basis thereof, which are used in the financial model. The analysis shall
include all the elements of the project;
(m) The Consultant has to analyze its feasibility in respect of financial aspects and give
their recommendation. The analysis should also include breakeven analysis,
sensitivity analysis and cost benefit analysis.
(n) Develop a financial model to determine viability of proposed project based on
applicable regulations, block costs of development and market trend; Identification
of the appropriate capital structuring, revenue model, Profit & Loss, Balance sheet
and cash flows, Project IRR, Equity IRR, other key ratios as may be deemed fit and
economic or social returns as applicable. The model is to incorporate, as applicable,
the annual concessional fees, revenue share, upfront premium, lease rental,
development fee, mixed revenue model, revenue assessment for developer.
(o) The Consultant shall also undertake sensitivity analysis by identifying most critical
factors and determine their impacts on the project viability, including varying project
costs and benefits, implementation period and combination of other factors;
(p) Identify expected returns of various stakeholders involved;
(q) The Consultant shall conduct a risk analysis of the development to determine,
allocate and manage/mitigate risks (such as but not limited to project, commercial,
financial, political, economic and legal) during all stages of the project;
(r) Carryout Value for Money Analysis (VFM) for various mode of execution/operation
development of possible alternatives for revenue maximization and shall identify
and quantify all costs, expenses and revenues of the project, and prepare cash-
flow statements.
(s) The Consultant shall review and assess appropriate institutional, legal and
regulatory framework for development of the project through different options
EPC/D&B/DBOT including public private partnership;
(t) Evaluate strategic objectives in relation to the project and advising on the
commercial and capital structuring, especially with reference to Applicable Laws;
(u) Based on the regulatory framework and the financial feasibility after incorporating
the comments and feedback from in-house team, review committee and SIPCOT,
suitable project structuring models shall be assessed, and the most suitable model
shall be recommended by the Consultant keeping in view the quick implementation
and acceptability and marketability to the investors. This may include a project
32
structure and funding models with a combination of public funding and private
investment.
(v) The Consultant shall come up with an appropriate project structuring for the
development and operations of common facilities/innovation/knowledge
management and other facilities amenable under EPC/D&B/DBOT/PPP formats.
(w) The Consultants shall also detail out the assistance in the form of grants available
under various schemes of Government of India and means of availing the same.
Appropriate project structure amenable to access such grants should be worked
out.
(x) Recommend an implementation strategy for the project including details regarding
the responsibilities involved in the project development and operation stage
(y) Identify the appropriate procurement strategy for development of Food parks. The
mode of contracts such as EPC, Design & Build or DBOT or PPP models and their
pros & cons of each strategy to be analyzed along with specific recommendations.
6.2.7 Positioning & Investment Promotion Strategy
Positioning the Food park is a key element in its success and attract investments into the
park. Thus, the Consultant should come up a clear strategy on Positioning Food park along
with a detailed investment promotion strategy which is not limited to
o Ecosystem positioning
o Strategy for positioning these Food parks as a Global Food parks destination
o Policy and regulatory framework
o Identification of target countries for investment promotion in the focused segments
o Identification of trade associations, bi-lateral bodies and other stakeholders for a
targeted investment promotion drive
o Domestic clusters for investment promotion
o Promotion plan along with calendar of events
Based on the above tasks, the Consultant should prepare a Detailed Project Report (DPR)
aimed at ensuring project bankability to the satisfaction of SIPCOT, promoters, investor(s)
and potential lenders and procuring necessary grant/support and incentives from related
Ministries/Departments of Central Government and State Government.
7. Data, Services and Facilities to be provided by the SIPCOT:
The SIPCOT, through TNIFMC,will provide the following inputs and facilities:
• Access to the land and co-ordination with local authorities.
• Comments or approval for each output or report within 15 days from the date of
submission by the Consultant.
• Any other available data /information relevant to the assignment.
33
• Facilitate meetings and interactions with relevant Govt. depts to collect data /
information.
6. Time Schedule and Reports
(A) Time Period for The Services
i) The time period envisaged for the preparation of the Detailed Project Report is
five(5) months. The final reports, drawings and documentation shall be
completed within this time schedule.
ii) The SIPCOT through TNIFMC, shall arrange to give approval of all sketches,
drawings, reports and recommendations and other matters submitted by the
Consultant in such reasonable time (i.e., within 15 days) so as not to delay or
disrupt the performance of the Consultant’s Services.
v) The Consultant shall give a detailed programme for completion of each of the
activities for which the Consultant is responsible.
vi) The Consultant shall be required to complete activities, to the satisfaction of the
SIPCOT and TNIFMC, to be eligible for payment for any part of the next activity.
(B) REPORTS
The following Reports to be furnished by the Consultant for review and approval:
(a) Inception Report
(b) Interim Report/Feasibility Report
(c) Signing of MOU with key anchor clients/ investors
(d) Draft Detailed Project Report
(e) Final Detailed Project Report
(a) Inception Report (4 copies)
The Inception report shall summarize but not limited to all the initial findings of the project
and propose the methodology to be undertaken by the Consultant to fulfil the scope of
services. The detailed work plan including deployment of staffs for carrying out services
to be included in the Inception Report.
The Inception report shall include but not limited to the following:
• Mobilization plan
• Detailed approach and methodology
• Time frame and task allocation
• Key personnel and supporting staff along with deployment schedule
• Identification of key issues
• Method and time frame for conducting surveys
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• Type of surveys, questionnaires, fixation of sample size of surveys and location/duration of surveys for the project assignment
• Assessment and Identification of user group
(b) Interim Report (4 copies)
The Interim report shall cover but not limited to all data collection, survey , market
demand assessment including market research survey including focus group
discussions, perception survey etc and feasibility analysis. The report shall include data
collection details, survey and outcome of the Feasibility Analysis. Further the interim
report should also have a detailed investment promotion strategy alongwith anupdate on
marketing and signing of anchor clients for the park.
(c) Submission of signed MoUs with Anchor clients covering not less than 25% of the
proposed capacity
(d) Detailed Project Report (4 copies)
The Draft &Final DPR shall cover the following but not limited to:
• Salient features
• Executive summary
• Introduction
• Project Background
• Sector Profile
• Requirement/ demand analysis
• Market overview and current trend in market for development of medipark
• Urban planning and site suitability
• SWOT analysis
• Market analysis and demand assessment
• Outcome of Market Research Analysis including product mix & pricing strategy
• Master plan, Infrastructure Plan, Architectural Conceptual plans and floor plans
• Detailed structural & MEP design & drawings
• Detailed Specification & functional requirements
• Detailed Cost estimation with item wise BoQs
• Financial estimates and cost projections
• Revenue streams
• Cost benefit analysis and Investment criteria
• Project & Financial Structure
• Financial model
• Environmental & sustainability aspects
• Environmental Impact Assessment Report & Environmental Management Plan
• Risk assessment and mitigation measures
• Project Management Organization and Contract Management Strategy
• Branding & marketing strategy
• Project approvals/clearances
• Recommendation
7. Outputs and related payment schedule:
35
The duration of the assignment is 5 months and the outputs are sub-divided into the
following.
Stage 1*: Evaluation of site and Feasibility Analysis (not exceeding 30% of total
contract price) – 2 months from the date of commencement.
a) Submission & Approval of Inception report: Inception report to elaborate the
methodology, work plan and deployment of staff, etc. covering all two stages. –
within two weeks from the date of commencement: 10% of the cost of Stage 1.
b) Submission & Approval of Interim Report at the end of 1.5 months from the date of
commencement: 30% of the cost of Stage 1.
c) Signing of anchor tenants at the end of 2 months from the date of commencement:
60% of the cost of Stage 1
Stage 2*: Detailed Project Report including master plan, infrastructure plan,
conceptual design, detailed design & drawings, project & finance structuring etc.
(not exceeding 70% of total contract price) – 3 months from approval of Stage 1
report.
d) Draft DPR including master architectural plan & details, specification, cost
estimates, business plan & financial model – 1.5 month from approval of Stage 1
Report: 50% of the cost of Stage 2.
e) Submission & Approval of Final DPR including master plan, infrastructure plan,
architectural design & details, detailed structural & MEP design & drawings,
specification, cost estimates, project structuring, business plan & financial model –
2.5 months from approval of Stage 1 Report: 40% of the cost of Stage 2.
f) Assisting the Client in getting planning approvals & other clearances, if any from
the statutory authorities – 3 months from approval of Stage 1 Report: 10% of the
cost of Stage 2.
Note:
• SIPCOT approval of the previous stage and go ahead is required before proceeding
to the subsequent stage of works.
• The above fees include all the costs related to carrying out the services, including
overheads, taxes, duties imposed on time to time by the government.
• All base documents including spreadsheet workings, survey data, survey
questionnaire etc. used for this assignment shall be submitted to the SIPCOT
through TNIFMC along with the Interim reports and the final report.
• The Consultant shall provide a certificate that all the key and sub-key personnel as
envisaged in the Contract Agreement have been deployed on the project.
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• Consultants shall attend periodical reviews to be conducted by the TNIFMC and
SIPCOT with various departments of the government. Consultants shall make
presentations to TNIFMC, SIPCOT and to various departments as required during
various stages of the assignment.
8. Coordination Meetings:
The following coordination meetings shall be held for effective implementation of the
project:
a) An In-house Team (IHT) comprising representatives from SIPCOT, TSAMB &
TNIFMC would be formed by the SIPCOT. There shall be regular fortnightly
meetings wherein representatives of the IHT will review the progress and other
aspects of the work. The review meetings shall be held till the completion of the
study in SIPCPT’s office. The Consultant shall record the minutes of such
meetings and maintain them as records for future reference after obtaining the
SIPCOT’s approval to the same.
b) Consultant shall also attend the meeting to be held at Government level and other
Departments as and when required.
9. Key personnel:
Sl. No Position Qualifications & Experience Years of Experience
1 Team Leader Post Graduate in Managment/ Agriculture/Engineering/Science/Food science and technology with experience in setting up the food processing industries/ food parks/ industrial parks and marketing of the same and advising public/private entities on policies, strategies, development and management.
Min 15 years
2 Senior Market Analyst MBA with experience in conducting market surveys, analyzing the market potentials, products, growth potentials, major players, etc. Macro-level & Micro level perspective of the potential sectors and sub sectors with reference to the domestic/export market for Food parks
Min 12 years
3 Architect/Planner Post Graduate in Urban Planning /Architect. Specific experience in development of master plans/schemes, sectoral plans for
Min 12 Years
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Sl. No Position Qualifications & Experience Years of Experience
infrastructure development of minimum 100 acres. Added advantages of planning & designing the Food park
4 Agriculture Marketing Expert
Post Graduate in Agriculture/ /Science/ Food science and technology with experience in planning & management of Agriculture Sector including marketing experience and should have worked on minimum 2 projects supporting marketing and commercialization of food parks.
Min 12 Years
5 Industrial Infrastructure Specialist
Post Graduate in Civil Engineering/ Planning with experience in the planning & design of infrastructure for area development projects viz., industrial parks, Food parks, SEZs, industrial corridors, clusters industrial estates, etc.
Min 12 Years
6 Civil Engineering Specialist
Post Graduate in structural Engineering/Geo-technical engineering/soil mechanics/ construction management or equivalent post graduation within civil engineering discipline with experience in designing, costing and finalization of specification & functional requirement of similar infrastructure projects. Procurement of infrastructure projects.
Min 12 Years
7 Investment Promotion Specialist
Post Graduate in Engineering/Management/Planning with experience in advising governments/bodies on investment promotion and strategy
Min 10 years
8. Financial Expert MBA Finance/CA with experience in preparing business plan, revenue model and financial structuring in similar infrastructure projects.
Min 10 Years
- The applicant is advised to prepare the CVs of their proposed Key Professional Staff
specifically highlighting their qualifications and experience in the relevant areas of
expertise.
- The CVs should also highlight the proposed Professional Staff’s higher education,
training and publication of technical papers, etc. as well as their experience in providing
training in the relevant areas.
- The CVs should also reflect the details of projects handled in terms of area, costs,
duration, source of funding, type of contract document used, etc. Broadly speaking,
qualifications and experience in excess of the minimum requirements will be given
38
higher weightage.
- Except as the Client may otherwise agree, no changes shall be made in the Key
Personnel. If, for any reason beyond the reasonable control of the Consultant, such as
retirement, death, medical incapacity, among others, it becomes necessary to replace
any of the Key Personnel, the Consultant shall provide as a replacement a person of
equivalent or better qualifications. The Client will accept one-time replacement only and
any second replacement for same position proposed by the Consultant shall attract a
penalty of 10% reduction of remuneration of approved key professional. Any subsequent
replacement for the same position shall attract termination of contract.
- if the Client finds that any of the Personnel have (i) committed serious misconduct, or
(ii) have reasonable cause to be dissatisfied with the performance of any of the
Personnel, then the Consultant shall, at the Client’s written request specifying the
grounds thereof, provide as a replacement a person with qualifications and experience
acceptable to the Client. The Consultant shall have no claim for additional costs arising
out of or incidental to any removal and/or replacement of Personnel.
10. Composition of Review Committee:
The Review Committee shall comprise of the following members:
(i) Additional Chief Secretary/Chief Project Officer, TNIFMC – Chairperson
(ii) Special Secretary, Industries Department - Member
(iii)Managing Director, SIPCOT - Member
(iv) Representatives from TSMB - Member
There shall be regular meetings wherein the Review Committee will review the progress
and other aspects of the work. The Consultant shall record the minutes of such
meetings and maintain them as records for future reference after obtaining the
SIPCOT’s approval to the same. The Review Committee shall approve all the
Consultant’s deliverables.
11. Procedure for Review & Approval for deliverables:
The Review Committee will review the reports submitted by the Consultant. The
decisions/suggestion carried out will be reviewed in the next meeting. The comments
or views on the various reports should be given to the Consultant within 15 days of
submission.
39
12. Final Report:
The Final Report shall be addressed to the CEO, TNIFMC and be submitted at the office of
Tamil Nadu Infrastructure Fund Management Corporation Ltd. (TNIFMC),19, TP Scheme
Road, RA Puram, Chennai 600 028.
13. Delay & Deficiencies of Services
Any delay & deficiencies on part of the Consultant may attract penalty provisions in the
form of fines, up to a maximum amount of 10% of the Contract Price of the Consultancy
Services, and/or termination by the TNIFMC or SIPCOT.
40
Appendix -I – Location details
41
42
Annexure 2
ELIGIBILITY INFROMATION TO BE PROVIDED BY CONSULTANTS
I. Articles of Incorporation or Documents of Constitution, and documents of registration
of the legal entity named
II. Brief description of organization
III. Outline of recent experience of assignments:
Name of the project
Name of the owner or sponsoring authority
Brief description of assignment
Cost of assignment (Fees) in Rs/US$
Development cost /construction cost of the project Rs. /US$
Status of development
Place of study as part of assignment
Mention the model advised for execution if suggested
IV. Attach Client certificate for completion of project#
1. Date of commencement
2. Date of completion
3. Client certificate attached Yes / No
# - If the consultant is not able to produce the Client’s completion certificates, they have to
submit Letter of Acceptance / Letter of Engagement/ Agreement with scope of completed
services together with the declaration on completion by the bidder with certification from the
Statutory Auditor and the same shall be attested by Notary Public as a documentary
evidence.
V. Financial Statement of the last five financial years (to be stated in INR/US$)1
Sl. No Particulars 2018-19 2017-2018
2016-2017
1. Annual Turnover from consulting business 2
2. Total Assets
3. Current Assets
4. Total Liabilities
5. Current Liabilities
6. Net Worth
7. Working Capital
8. Net Profit
1Balance sheet /Profit-loss accounts shall be submitted for the last three years and the above financial statement shall be certified by Chartered Accountant.
43
2 Annual turnovers shall reflect only consultancy fee summing of gross fees received as Prime Consultant or in joint ventures (fees as per percentage of participation) * In the case of 2018-19, the provisional annual turnover certified by Chartered Accountant is acceptable. V. Contact Person / Details: Name :
Phone No:
email id :
VII. Details of EMD
44
Annexure - 3
FORMS FOR SUBMISSION OF TECHNICAL AND FINANCIAL PROPOSALS
Proposals
(1) Proposals should include the following information:
(a) Technical Proposal
(i) Covering Letter for the bid in Form F-1
(ii) A brief description of the firm/organization and an outline of recent
experience on assignments/ projects of similar nature executed
during the last 7 years in the format given in Form F-2.
(iii) A description of the manner in which Consultants would plan to
execute the work. Work plan time schedule in Form F-3 and
approach or methodology proposed for carrying out the required
work.
(iv) The Consultant's comments, if any, on Terms of Reference (TOR)
and the data, services and facilities to be provided by the SIPCOT
indicated in the Terms of Reference (TOR)
(v) The composition of the team of personnel which the Consultant
would propose to provide and the tasks which would be assigned
to each team member in Form F-4.
(vi) Curricula Vitae of the individual key staff members to be assigned
to the work and of the team leader who would be responsible for
supervision of the team. The curricula vitae should follow the
attached Format (F-5) duly signed by the concerned personnel.
(vii) Memorandum of Understanding (MoU) should be furnished by
Consortium /Joint Venture
(b) Financial Proposals
The financial proposals should include the following:
• Schedule of Price Bid in Form No. F-6 with cost break-up.
45
(2) Two hard copies (one original and copy) of the Technical and Financial proposals
should be submitted to Office of TNIFMC with soft copy of Technical proposal except
Financial proposal.
(3) Terms of Payment
The mode of payments to be made in consideration of the work to be performed by
the Consultant shall be as per ToR after approval of the Reports.
46
FORM F-1
From To
Sir:
Hiring of Consultancy services for————of — — — — Regarding
I/We ——————————— Consultant/consultancy firm/organization herewith
enclose Technical and Financial Proposal for selection of my/our firm as Consultant for — —
— — — —.
We underscore the importance of a free, fair and competitive procurement process
that precludes fraudulent use. In this respect we have neither offered nor granted, directly or
indirectly, any inadmissible advantages to any public servants or other persons in connection
with our bid, nor will we offer or grant any such incentives or conditions in the present
procurement process, or in the event that we are awarded the contract, in the subsequent
execution of the contract.
We also underscore the importance of adhering to minimum social standards (“Core
Labour Standards”) in the implementation of the project. We undertake to comply with the
Core Labour Standards ratified by the country of India.
We will inform our staff about their respective obligations and about their obligation to
fulfill this declaration of undertaking and to obey the laws of the country of India.
It is certified that we ( including members of consortium/JV) have not been
blacklisted/debarred by any of the Central Government/State Governments in India /
Multilateral Funding Agencies.
We undertake that our proposal is valid for 90 days from the date of submission of proposals.
Yours faithfully,
Signature: —————
Full name —————
and address:—————
47
(Authorized Representative)
FORM F-2
ASSIGNMENTS OF SIMILAR NATURE SUCCESSFULLY COMPLETED DURING LAST 7
YEARS
1. Brief Description of the Firm/Organization:
2. Outline of recent experience on assignments of similar nature of completed
assignment:
Sl.No. Name of
assignme
nt
Name of
project
Owner or
sponsoring
authority
Cost of
assignme
nt in Rs.
Cost of
Development
/
Construction
of Project in
Rs.
Date of
commencem
ent of
services
Date of
completion
of services
Was
assignment
satisfactoril
y
completed
1 2 3 4 5 6 7 8 9
Note: Please attach certificates from the employer by way of documentary proof. Only
assignment with client certificates will be evaluated. If the consultant is not able to
produce the Employer’s completion certificates, they have to submit Letter of
Acceptance / Letter of Engagement/ Agreement with scope of completed services
together with the declaration on completion by the bidder with certification from the
Statutory Auditor and the same shall be attested by Notary Public as a documentary
48
evidence. Only completed assignments with proofs of completion certificate to be
submitted will be evaluated.
For completed project, the Consultant shall submit the Completion certificate from the
Employer/ Engineer-In-charge/Project In-charge and other form of proof as mentioned
above.
FORM – F 3
WORK PLAN TIME SCHEDULE
A. Work plan Schedule including field survey
Sl. Item Week-wise Program
No. 1st 2nd 3rd 4th 5th 6th
_________________________________________________________________________
___
B. Manning Schedule (Key & Sub-Key Professional)
Sl. Item Week-wise Program
No. 1st 2nd 3rd 4th 5th 6th
___________________________
_________________________________________________________________________
___
C. Compilation and submission of reports Schedule
As indicated under TOR
1. .
49
2. .
3. .
4.
Etc.
D. A short note on the line of approach and methodology outlining various steps for
performing the study.
E. The Consultant's comments, if any, on the Terms of Reference (TOR) and the data,
services and facilities to be provided by the SIPCOT indicated in the Terms of
Reference (TOR)
Note: Conditional bid will be liable for rejection
FORM NO.F-4
Composition of the Team Personnel and the task which would be assigned to each
Team Member
1. Key Experts
Sl.No. Name Position Task assignment
2. Sub-Key Staff (as required)
Sl.No. Name Position Task assignment
50
51
FORM F-5
SUGGESTED FORMAT OF CURRICULUM VITAE
FOR MEMBERS OF CONSULTANT'S TEAM
1. Name:
2. Profession/
Present Designation:
3. Years with Firm/Organization: Nationality:
4. Area of Specialization:
5. Proposed Position on Team:
6. Key Qualifications:
Under this heading, give outline of staff member's experience and training most
pertinent to assigned work on proposed team. Describe degree of responsibility held
by staff member on relevant previous assignments and give dates and locations. Use
up to half-a-page.
7. Education:
Under this heading, summarize college/university and other specialized education of
staff member, giving names of schools/colleges, etc., dates attended, and degrees
obtained. Use up to a quarter page.
8. Experience:
Under this heading, list all positions held by staff member since graduation, giving
dates, names of employing organization, title of positions held and location of
assignments. For experience in last fifteen years, also give types of activities
performed and client references, where appropriate. Use up to three quarters of a
page.
52
9. Languages:
Indicate proficiency in speaking, reading and writing of each language by 'excellent',
'good' or 'poor'.
Signature of Staff Member Date:
53
FORM NO.F-6
SCHEDULE OF PRICE (FINANCIAL) BID
(Cost should be provided in Cover 2)
Items Amount in Rupees
In figures In words
A. Total consultancy Cost:
B. GST (---%)
Total cost of assignment
Signature of Consultant
(Authorized
representative)
Note: Price / Cost / Financials shall not be mentioned anywhere in cover 1
54
Detailed Cost Estimate of Services *
I. Remuneration of Staff
Staff Name Monthly Rate Working Days Total Cost
(in currency) (Months) (in currency)
a) Team Leader__________
b) " __________
c) " __________
d)
e)
Sub-Total (Staff) __________
II. Direct Expenses:
a) Printing & Stationery and
b) Survey Expenses
c) other expenses (Please specify)
Sub-Total (Direct Expenses) __________
III. Out-of-Pocket Expenses:
a) Per Diem1 Room Subsistence Total Days
Cost ____ _____ __________
b) Air fare: __________
c) Lump Sum Miscellaneous Expenses:2 __________
Sub-Total (Out-of-Pocket) __________
Contingency Charges: __________
TOTAL COST ESTIMATE __________
1Per Diem is fixed per calendar day and need not be supported by receipts. 2To include reporting costs, visa, inoculations, routine medical examination, minor surface transportation and
communications expenses, porterage fees, in-and-out expenses, airport taxes, and such other travel related
expenses as may be necessary.
*The information in this form is used to finalize Annex C to the Contract
55
Annexure 4
Consulting Services
Draft Agreement
Subject: (Name of Assignment)
(Name of Consultant)
1. Set out below are the terms and conditions under which (Name of Consultant) has agreed
to carry out for (Name of Client) the above-mentioned assignment specified in the attached
Terms of Reference.
2. For administrative purposes (Name of responsible staff of Client) has been assigned to
administer the assignment and to provide [Name of Consultant] with all relevant information
needed to carry out the assignment. The services will be required in (Name of Project) for
about __________ months, during the period from _______ to _______________.
3. The services to be performed, the estimated time to be spent, and the reports to be
submitted will be in accordance with the attached Description of Services.
4. This Contract, its meaning and interpretation and the relation between the parties shall be
governed by the laws of Union of India
5. This Contract will become effective upon confirmation of this letter on behalf of (Name
of Consultant) and will terminate on ___________________, or such other date as
mutually agreed between the (Name of Client) and the (Name of Consultants) or till the date
of completion of the assignment.
6. Payments for the services will not exceed a total amount of Rs. ________________.
The (Name of Client) will pay (Name of Consultant), within 15 days of receipt of invoice after
approval of the report, which is as follows:
Amount Currency
The above remuneration includes all the costs related to carrying out the services, including
overhead and any taxes imposed on [Name of Consultants.]
56
7. The [Name of Consultants] will be responsible for appropriate insurance coverage. In this
regard, the [Name of Consultants] shall maintain workers compensation, employment liability
insurance for their staff on the assignment. The Consultants shall also maintain
comprehensive general liability insurance, including contractual liability coverage adequate to
cover the indemnity of obligation against all damages, costs, and charges and expenses for
injury to any person or damage to any property arising out of, or in connection with, the
services which result from the fault of the [Name of Consultants] or its staff. The risks and the
coverage shall be as follows:
(a) Third Party liability insurance with a minimum coverage of Value of assignment
[cost of assignment quoted by the Consultant];
(b) Professional Indemnity insurance, with a minimum coverage of Value of
assignment [cost of assignment quoted by the Consultant];
(c) employer’s liability and workers’ compensation insurance in respect of the
Personnel of the Consultant and of any Sub-Consultants, in accordance with the
relevant provisions of the Applicable Law, as well as, with respect to such Personnel,
any such life, health, accident, travel or other insurance as may be appropriate;
8. The [Name of Consultants] shall indemnify and hold harmless the (Name of Client) against
any and all claims with respect to loss of profit, data or goodwill, or any other consequential,
incidental, indirect, punitive or special damages in connection with claims, demands, and/or
judgments of any nature brought against the (Name of Borrower) arising out of gross
negligence or willful misconduct of the [Name of Consultants] in the provision of services
under this contract. The liability of the [Name of Consultants] under any circumstance shall
not exceed one time of contract value or fee paid to the Consultant, whichever, is lesser. The
obligation under this paragraph shall survive the termination of this Contract. However, this
limitation on liability shall not apply to losses or damages caused by the Consultant’s fraud or
wilful misconduct and liability in this case shall be actual as determined by the Good Industry
Practice/Applicable law.
9. The Consultant agrees that, during the term of this Contract and after its termination, the
Consultant and any entity affiliated with the Consultant, shall ...........be disqualified from
providing goods, works or services (other than the Services and any continuation thereof) for
any project resulting from or closely related to the Services.
10. Either party may give notice for termination of this contract along with a rectification period
of 30 days. In the event of termination, the (Name of Consultants) shall be paid for the services
rendered for carrying out the assignment to the date of termination, and the [Name of
57
Consultant] will provide the (Name of Client) with any reports or parts thereof, or any other
information and documentation gathered under this Contract prior to the date of termination.
11. On issue of Letter of Acceptance (LoA), an acceptance for LoA shall be sent by Consultants
within 2 days and subsequently execute agreement with the SIPCOT within 14 days from the
date of issue of LoA. Failing to do adhere to this, the SIPCOT reserves the right to cancel the
consultancy work by forfeiting the EMD.
12. The Consultants shall mobilize the key personnel as per the schedule of activities indicated
in their technical proposal. The Consultants shall meet the SIPCOT with all the key personnel,
as a proof of mobilization and commence work within 14 days from the date of receipt of the
LoA. Failing to comply with this will be considered as non-mobilization of key personnel and
the SIPCOT reserves the right to cancel the consultancy work.
13. The Consultant shall furnish a Bank Guarantee amounting to 5% of the negotiated
consultancy value exclusive of all taxes, duties, levies in the form specified at the end of the
RFP, within 7 days from the date of issue of LoA. The format is enclosed in Annexure-5.
14. The SIPCOT shall have the right to invoke and appropriate the proceeds of the
Performance Security, in whole or in part, without notice to the Consultant in the event of
breach of the work assigned in the ToR or the finalized Agreement.
15. All final plans, drawings, specifications, designs, reports and other documents or software
submitted by the [Name of Consultants] in the performance of the Services shall become and
remain the [property of the SIPCOT. The Consultants may retain a copy of such documents
but shall not use them for purposes unrelated to this Contract without the prior written approval
of the SIPCOT.
16. The Consultant undertake to carry out the assignment in accordance with the highest
standard of professional and ethical competence and integrity, having due regard to the nature
and purpose of the assignment, and to ensure that the staff assigned to perform the services
under this Contract, will conduct themselves in a manner consistent herewith.
17. The Consultant will not assign this Contract or sub-contract or any portion of it without the
SIPCOT’s prior written consent.
58
18. The [Name of Consultants] shall pay the taxes, duties fee, levies and other impositions
levied under the Applicable law and the SIPCOT shall perform ..... such duties, in regard to
the deduction of such tax, as may be lawfully imposed.
19. The [Name of Consultants] also agree that all knowledge and information not within
the public domain which may be acquired during the carrying out of this Contract, shall be, for
all time and for all purpose, regarded as strictly confidential and held in confidence, and shall
not be directly or indirectly disclosed to any person whatsoever, except with the (Name of
Client) written permission. Confidential information does not include any information which:
(i) is rightfully known to the recipient prior to its disclosure;
(ii) is independently developed by the recipient without use of or reliance on confidential
information or
(iii) later becomes publicly available without violation of this agreement or may be lawfully
obtained from a third party; or
(iv) where recipient is ordered by a judicial authority to disclose confidential information.
20. Any dispute arising out of the Contract, which cannot be amicably settled between the
parties, shall be referred to adjudication/arbitration in accordance with the Arbitration &
Conciliation Act 1996. The place of arbitration shall be at Chennai.
Place:
Date:
Thiru.________________
Thiru.______________________
(Signature on behalf of Client) (Signature on behalf of Consultant)
59
LIST OF ANNEXES TO CONTRACT AGREEMENT
Annex A: Description of Services (Terms of Reference)
Annex B: Consultants Personnel
Annex C: Consultants Reportions Obligations
Annex D : Cost of the assignment with break up
Annex E : Security Déposit/ Performance Security
60
Annexure - 5
Format of Security Deposit/ Performance Security in the form of unconditional
Bank Guarantee
To
Managing Director, State Industries Promotion Corporation of Tamil Nadu Ltd. (SIPCOT), 19-A, Rukmani Lakshmipathy Salai, Egmore, Chennai 600 008
In consideration of State Industries Promotion Corporation of Tamil Nadu Ltd. (SIPCOT)
(hereinafter referred as the “Client”, which expression shall, unless repugnant to the context
or meaning thereof, include its successors, administrators and assigns) having awarded to
M/s ……………….., having its office at ……………….. (hereinafter referred as the
“Consultant” which expression shall, unless repugnant to the context or meaning thereof,
include its successors, administrators, executors and assigns), vide the Client’s Letter of
Acceptance no. ………………. dated ……………….. and the agreement to be executed for
Rs. ……………….. (Rupees ………………..), (hereinafter referred to as the “Agreement”)
Consulting Services ………………………………………………and the Consultant having
agreed to furnish a Bank Guarantee amounting to Rs. ……………….. (Rupees
………………..) to the Client for performance of the said Agreement. We, ………………..
(hereinafter referred to as the “Bank”) at the request of the Consultant do hereby undertake to
pay to the Client an amount not exceeding Rs. ………………… (Rupees …………………. )
against any loss or damage caused to or suffered or would be caused to or suffered by the
Client by reason of any breach by the said Consultant of any of the terms or conditions
contained in the said Agreement. We, ……………….. (indicate the name of the Bank) do
hereby undertake to pay the amounts due and payable under this Guarantee without any
demur, merely on a demand from the Client stating that the amount/claimed is due by way of
loss or damage caused to or would be caused to or suffered by the Client by reason of breach
by the said Consultant of any of the terms or conditions contained in the said Agreement or
by reason of the Consultant’s failure to perform the said Agreement. Any such demand made
on the bank shall be conclusive as regards the amount due and payable by the Bank under
this Guarantee. However, our liability under this Guarantee shall be restricted to an amount
not exceeding Rs. ……………….. (Rupees …………………..).
We, ……………….. (indicate the name of Bank) undertake to pay to the Client any money so
demanded notwithstanding any dispute or disputes raised by the Consultant in any suit or
proceeding pending before any court or tribunal relating thereto, our liability under this present
being absolute and unequivocal. The payment so made by us under this bond shall be a valid
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discharge of our liability for payment thereunder and the Consultant shall have no claim
against us for making such payment.
We, ……………….. (indicate the name of Bank) further agree that the Guarantee herein
contained shall remain in full force and effect during the period that would be taken for the
performance of the said Agreement and that it shall continue to be enforceable till all the dues
of the Client under or by virtue of the said Agreement have been fully paid and its claims
satisfied or discharged or till the Client certifies that the terms and conditions of the said
Agreement have been fully and properly carried out by the said Consultant and accordingly
discharges this Guarantee. Unless a demand or claim under this Guarantee is made on us in
writing on or before a period of six months from the date of this Guarantee, we shall be
discharged from all liability under this Guarantee thereafter.
We, ………………… (indicate the name of Bank) further agree with the Client that the Client
shall have the fullest liberty without our consent and without affecting in any manner our
obligations hereunder to vary any of the terms and conditions of the said Agreement or to
extend time of performance by the said Consultant from time to time or to postpone for any
time or from time to time any of the powers exercisable by the Client against the said
Consultant and to forbear or enforce any of the terms and conditions relating to the said
Agreement and we shall not be relieved from our liability by reason of any such variation, or
extension being granted to the said Consultant or for any forbearance, act or omission on the
part of the Client or any indulgence by the Client to the said Consultant or any such matter or
thing whatsoever which under the law relating to sureties would, but for this provision, have
the effect of so relieving us.
This Guarantee will not be discharged due to the change in the constitution of the Bank or the
Consultant(s). We, ……………….. (indicate the name of Bank) lastly undertake not to revoke
this Guarantee during its currency except with the previous consent of the Client in writing.
For the avoidance of doubt, the Bank’s liability under this Guarantee shall be restricted to Rs.
*** * (Rupees ***** ) only. The Bank shall be liable to pay the said amount or any part thereof
only if the Client serves a written claim on the Bank in accordance with paragraph 2 hereof,
on or before [*** (indicate date falling 180 days after the date of this Guarantee)].
For ..............................................................
Name of Bank:
Seal of the Bank:
Dated, the ………. day of ………., 2019.